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Intro to Law Cheat Sheet (DRAFT) by

Introduction to Law notes

This is a draft cheat sheet. It is a work in progress and is not finished yet.

Overview

Defini­tion:
Law refers to a system of rules created and enforced through social or govern­mental instit­utions to regulate behavior. It is a means of social control, ensuring order and justice within a society.
Purpose of Law:
Order and Stability: Establ­ishing guidelines for behavior to maintain social order.
 
Protection of Rights: Safegu­arding individual rights and liberties.
 
Justice: Ensuring fairness and resolving disputes.
 
Social Change: Facili­tating changes in society, such as reforms in civil rights and gender equality.

Historical Develo­pment of Law

Ancient Law:
Code of Hammurabi (c. 1754 BCE): One of the earliest written legal codes, origin­ating from Babylon, covering areas such as family law, contracts, and criminal law.
 
Roman Law: The Twelve Tables (c. 450 BCE): The earliest attempt to create a code of law in Rome, forming the foundation of Roman law.
 
Roman Law: Justinian Code (Corpus Juris Civilis, 529-534 CE): A codifi­cation of Roman law under Emperor Justinian, influe­ncing legal systems throughout Europe.
Medieval Law:
Common Law: Developed in England after the Norman Conquest, based on customs and judicial precedents rather than written codes. It forms the basis of legal systems in the UK, the US, and other former British colonies.
 
Canon Law: The body of laws developed by the Catholic Church, governing religious and moral matters.
Modern Law:
Civil Law Tradition: Origin­ating from Roman law, partic­ularly the Justinian Code, and prevalent in Europe, Latin America, and parts of Asia and Africa. It is charac­terized by compre­hensive written codes.
 
Common Law Tradition: Predom­inantly in the UK, the US, and Common­wealth countries, based on judicial decisions and precedent.
 
Islamic Law (Sharia): A religious legal system derived from the Quran and Hadith, governing all aspects of a Muslim's life, including civil, criminal, and family law.

Branches of Law

Public Law:
Consti­tut­ional Law: Governs the structure and function of government instit­utions and the relati­onship between the state and indivi­duals. It includes the interp­ret­ation of consti­tutions and human rights law.
 
Admini­str­ative Law: Regulates the activities of government agencies, including rule-m­aking, adjudi­cation, and enforc­ement of regula­tions.
 
Criminal Law: Deals with conduct considered harmful to society, establ­ishing penalties for offenses such as theft, assault, and murder.
Private Law:
Contract Law: Governs agreements between indivi­duals or entities, outlining the rights and duties of parties in agreem­ents.
 
Tort Law: Addresses wrongs or injuries caused by one party to another, including neglig­ence, defama­tion, and liability.
 
Property Law: Deals with rights related to the ownership and use of property, both real and personal.
 
Family Law: Covers legal aspects of family relati­ons­hips, including marriage, divorce, child custody, and inheri­tance.
Intern­ational Law:
Public Intern­ational Law: Regulates relations between states and intern­ational entities, covering treaties, human rights, and intern­ational crimes.
 
Private Intern­ational Law (Conflict of Laws): Addresses disputes involving foreign elements, such as intern­ational contracts or family matters.
 
Humani­tarian Law: A subset of public intern­ational law that governs the conduct of armed conflicts and protects indivi­duals in times of war.

Legal Systems Around the World

Civil Law System:
Based on compre­hensive codes and statutes, with judges applying the law to cases. Common in Europe, Latin America, and parts of Asia and Africa.
 
Charac­ter­istics: Codified laws, Less reliance on judicial precedent, Judges as invest­igators
Common Law System:
Based on judicial decisions and preced­ents, where past rulings influence future cases. Predom­inantly in the UK, the US, Canada, and Australia.
 
Charac­ter­istics: Importance of case law, Judicial precedents (stare decisis), Judges as arbiters
Religious Law Systems:
Islamic Law (Sharia): Governs aspects of personal, criminal, and economic life, based on religious texts.
 
Jewish Law (Halakha): Governs religious and daily life within Jewish commun­ities, derived from the Torah and Talmud.
 
Canon Law: Governs the Catholic Church, covering religious and moral issues.
Customary Law:
Based on traditions and customs of specific commun­ities, often unwritten, and observed by indigenous and tribal commun­ities.
 

The Structure of Government & Legal Instit­utions

Separation of Powers:
A principle that divides government into three branch­es—­Leg­isl­ative, Executive, and Judici­al—to prevent abuse of power and ensure checks and balances.
Legisl­ature:
Function: Enacts laws, often in the form of statutes.
 
Bicameral vs. Unicam­eral: A bicameral legisl­ature has two chambers (e.g., the US Congress with the Senate and House of Repres­ent­ati­ves), while a unicameral legisl­ature has one.

Legal Processes and Procedures

Civil Procedure:
Governs the process of resolving non-cr­iminal disputes between indivi­duals or entities, including the filing of lawsuits, discovery, trials, and appeals.
Criminal Procedure:
Involves the processes for prosec­uting indivi­duals accused of crimes, from invest­igation and arrest to trial and senten­cing.
Due Process:
A consti­tut­ional principle that ensures fair treatment through the judicial system, including the right to a fair trial, legal repres­ent­ation, and protection against arbitrary actions by the state.

Key Concepts in Legal Theory

Natural Law:
The belief that law is based on inherent moral princi­ples, often associated with the idea that certain rights are universal and inalie­nable.
 
Key Thinkers: Thomas Aquinas, John Locke.
Legal Positi­vism:
The theory that law is a set of rules created by human author­ities and is not necess­arily linked to morality. Laws are valid if they are enacted by proper authority, regardless of their moral content.
 
Key Thinkers: John Austin, H.L.A. Hart.
Legal Realism:
A perspe­ctive that emphasizes the role of social, economic, and political factors in shaping the law and judicial decisions, rather than viewing law as a set of abstract princi­ples.
 
Key Thinkers: Oliver Wendell Holmes Jr., Karl Llewellyn.
Critical Legal Studies:
A movement that challenges tradit­ional legal doctrines, arguing that law is not neutral but reflects the interests of powerful groups in society.
 
Focus Areas: Law and society, law and gender, law and race.

Human Rights and Social Justice

Human Rights:
Universal Declar­ation of Human Rights (1948): A key intern­ational document that outlines fundam­ental human rights that are to be univer­sally protected.
 
Civil and Political Rights: Rights that protect individual freedoms, such as the right to life, freedom of speech, and the right to a fair trial.
 
Economic, Social, and Cultural Rights: Rights related to the conditions necessary to meet basic human needs, such as the right to work, education, and health.
Social Justice:
The concept that all indivi­duals and groups should have equal access to opport­uni­ties, rights, and treatment within society. It addresses issues of inequa­lity, discri­min­ation, and margin­ali­zation.
 

Contem­porary Legal Issues

Cyber Law:
Addresses legal issues related to the internet and digital techno­logy, including data protec­tion, privacy, cyberc­rime, and intell­ectual property in the digital age.
Enviro­nmental Law:
Focuses on regula­tions and policies designed to protect the enviro­nment, addressing issues such as climate change, pollution, and conser­vation.
Intern­ational Humani­tarian Law:
Governs the conduct of armed conflict, protecting those who are not or no longer partic­ipating in hostil­ities, including civilians, prisoners of war, and the wounded.
Corporate Law:
Regulates the formation, operation, and dissol­ution of corpor­ations, covering issues such as mergers and acquis­itions, corporate govern­ance, and shareh­older rights.

The Legal Profession

Lawyers (Attor­neys, Solici­tors, Barris­ters):
Roles: Provide legal advice, represent clients in court, draft legal documents, and negotiate settle­ments.
 
Education: Typically requires a law degree (e.g., JD in the US, LLB in the UK) and passing a bar examin­ation.
 
Specia­liz­ations: Lawyers may specialize in areas such as criminal law, corporate law, family law, or intell­ectual property law.
Judges:
Roles: Preside over court procee­dings, interpret and apply the law, and make decisions on legal disputes.
 
Appoin­tment: Judges are often appointed or elected and may come from a background in legal practice.
Legal Ethics:
The principles and standards that guide the behavior of legal profes­sio­nals, including confid­ent­iality, conflict of interest, and the duty to represent clients compet­ently and ethically.

Conclusion

The study of law is an explor­ation of the rules that govern society, reflecting its values, resolving disputes, and protecting rights
Unders­tanding the historical develo­pment, key branches, and contem­porary issues in law is essential for apprec­iating its role in shaping modern civili­zation
As societies evolve, so too does the law, adapting to new challenges and ensuring justice and order in an ever-c­hanging world